Dyson Heydon’s sexual harassment accusers to seek compensation

Lawyers for three women who accuse the former High Court judge of sexual harassment say process could be lengthy.

Former High Court judge Dyson Heydon who is accused of sexually harassing women. Picture: AAP

The lawyer acting for three women in the Dyson Heydon sexual harassment scandal has described the former High Court judge’s behaviour as “the legal profession’s dirtiest secret”.

Josh Bornstein, of Maurice Blackburn, confirmed yesterday that three of the women accusing Mr Heydon of sexual harassment will seek compensation from the former judge and the commonwealth.

But the process could be lengthy due to reporting delays. Mr Bornstein said that rumours had circulated in the legal world about issues relating to the former royal commissioner.

Mr Bornstein said Mr Heydon had risen to great heights, which had allowed him to offend, devastating multiple careers.

“He is obviously one of the most powerful people in the legal profession,’’ he said.

“That unfortunately has led to the situation where his conduct was the legal profession’s dirtiest secret.’’

Rachael Patterson.

Chelsea Tabart.

Mr Bornstein said he was representing three of the women and has named two of them – Rachael Collins and Chelsea Tabart.

The women will need to gain the approval of the Australian Human Rights Commission before any push for compensation can be pursued via the Federal Court, Mr Bornstein said.

This was because the complaints will have occurred significantly longer than six months ago. 

Mr Bornstein said his clients would pursue compensation for the harm caused as a result of Mr Heydon’s harassment, which was investigated by a formal inquiry.

The inquiry upheld the six women’s complaints.

Mr Bornstein said his instructions did not extend to possible criminal action and he did not wish to speculate on what action prosecutors might take.

The complaints occurred up to a decade ago.

The official inquiry into his behaviour found he sexually harassed six female associates while he was a judge.

There was silence in the legal fraternity because of his position, he said.

At least one complaint was made to the High Court in the past.

Mr Heydon has strongly rejected the allegations against him and dismissed the High Court-initiated inquiry as an internal administrative investigation.

Prime Minister Scott Morrison said the allegations were disturbing and there would be a formal investigation into

whether Mr Heydon’s Companion of the Order of Australia should be revoked if the allegations were upheld.

Mr Bornstein said: “Dyson Heydon’s repeated sexual harassment of young women who were starting out their legal careers was known to many people and has caused significant harm and trauma to my clients.’’

 “Consistent with the exemplary approach of the current High Court to this scandal, it has indicated a willingness to participate in negotiations in order to see whether an agreement can be reached regarding the claims for compensation and we expect that to commence in the coming weeks.’’

“We will also be writing to lawyers for Dyson Heydon shortly to ask if they too are willing to engage in a similar process. If they decline that invitation, I am instructed to lodge a claim in the Australian Human Rights Commission.”

 Mr Bornstein rejected reports that Mr Heydon was not afforded procedural fairness.

 “This is a ridiculous suggestion,’’ he said.

He said the investigation has been launched by the High Court and had been run by Vivienne Thom, a former inspector-general of intelligence and security.

There were no questions of her suitability for the task, he said.

He said his clients had suffered greatly and their encounters had limited their careers.

“Each person is very different but you still get a very strong sense of loss when you talk to them,’’ he said.

“It’s quite difficult to listen to.’’